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While both DOJ and New Hampshire had agreed to allow the state to "bailout" of the requirement, the Center of Individual Rights alleged the state wasn't entitled to an exemption, which the group contends was meant as a ruse to convince the Supreme Court to uphold the constitutionality of Section 5 (on which the court heard oral arguments last week). The ability of states covered by Section 5 to "bailout" is an important component of the government's defense of the section's constitutionality.